Rescinding the signature of an international treaty: the United States and the rome statute establishing the international criminal court

The international communiry's efforts to create a global permanent penal court culminated in the Rome Statute establishing the International Criminal Court of 1998. Although the United States of America initially signed it, it later withdrew the signature thus signalling its very strong opposition to it. This article attempts, on the one hand, to examine and analyze the US opposition from the standpoint of international relations and diplomatic law and, on the other, to determine its legaliry in the context of the law of treaties.     

Non-compliance by design: Moribund hard law in international institutions

States often create international institutions that impose legally binding rules on member states, and then do not even attempt to enforce these rules. Why? In this article, we present a game-theoretic model of moribund hard law in international institutions. We show that if some states face domestic pressure to negotiate a hard law treaty, their incentive to insist on hard law in the negotiations is maximized when less enthusiastic states expect that the hard law will probably not be enforced. Domestic proponents of hard law reward states for negotiating a hard law treaty, while states that oppose hard law can accept it because they expect no enforcement. As a form of informal governance, moribund hard law allows non-compliance by design.     

Using international law to assess elections

This article provides an overview of existing obligations for democratic elections in public international law (PIL), and links these obligations to criteria for assessing electoral processes. We argue that PIL provides a basis for election observation that is more transparent, more objective, and has greater authority with host countries because it relies on states' acknowledged international legal commitments. In addition, the authors argue that this approach provides a solid foundation for building broad consensus on what constitutes ‘international standards for democratic elections’, an often-used term for which there still is no single commonly accepted definition.     

Transatlantic investor protection as a threat to democracy: the potency and limits of an emotive frame*

Abstract

A campaign by civil society organizations (CSOs) turned a relatively obscure area of international economic law—investor–state dispute settlement (ISDS)—into the focus of opposition to the Transatlantic Trade and Investment Partnership (TTIP) and later the European Union (EU)–Canada Comprehensive Economic and Trade Agreement (CETA). This article analyses how CSOs impacted on the EU’s position, while highlighting the limitations of their influence. Combining insights from constructivist International Political Economy literature with scholarship emphasizing the importance of emotions in advocacy framing, I contend that CSOs were able to create a polysemic ‘injustice frame’. The characterization of transatlantic ISDS as a threat to democracy and the rule of law aroused anger, while being ambiguous enough to garner widespread support. The ambiguity of CSOs’ advocacy frame and the concreteness of its target, however, were also the frame’s Achilles heel. These aspects provided space for the European Commission to reform a specific element of the agreement and thereby repair the latter’s overall legitimacy. The Commission’s counter-frame emphasized the reform’s democratic credentials by representing TTIP as an opportunity to move ISDS towards a system of ‘public law’. While this reframing failed to satisfy most opposition, it placated pivotal actors and allowed the Commission to move forward.     

The Berlin Republic,Iraq, and the Use of Force

This article holds that German security policy and attitudes towards the use of force remain framed by the distinct strategic culture that emerged during West Germany’s rearmament and international rehabilitation in the 1950’s. This strategic culture, characterised by strong anti-military sentiment and a commitment to multilateral diplomacy and international law, determined Germany’s position over Iraq and its ongoing opposition to the US-led invasion of the country. However, the strength and highly vociferous nature of Germany’s opposition to US policy also indicated that German strategic culture is itself evolving, as both elites and society reconsider aspects of German national history and the role of collective memory. Much of this new discourse relates to the notion of the ‘Berlin Republic’, which in foreign and security policy terms is synonymous with the emergence of greater self confidence, the introduction of more ‘national’ vocabulary into foregin policy statements and a less reflexive attitude to transatlantic security.     

Crisis of governance: Devising strategy to counter international organized crime

This article presents a five‐part strategy to combat International Organized Crime (IOC). First, it establishes the need for ongoing assessments: what is known and what needs to be known about IOC, as well as what opportunities exist to influence its operations? Second, the US must establish a clear‐cut and annunciated policy and strategy that draws on the resources of its many relevant agencies as well as international cooperation. Third, the US should endeavour to lead an international effort to enhance law enforcement. Fourth, law enforcement alone will be inadequate. Containing and neutralizing IOC will require disruption activities as well. Fifth, there is a need for private‐sector education programs to prevent successful criminal enterprises.     

The evolution of rule of law in Cambodia

Cambodian leaders have confounded the efforts of the international community to promote rule of law. Over the past decade the Cambodian government has introduced a series of legal reforms and overseen an increase in the use of legal proceedings including defamation lawsuits against opposition politicians and members of civil society. These reforms and practices, as well as the role of the judiciary in relation to each, may be better understood through elite perceptions of the rule of law in Cambodia. Comprehending the rule of law as it is understood by the ruling elites offers better insight into the trajectory of legal development and the obstacles to Western ideals for legal reform. This article situates Cambodia within the context of illiberal democracy and examines how a thin rule of law has evolved, focusing on defamation law as a legal and political strategy of control. While the international community has pressed Cambodia to carry out liberal legal reforms for some time, the article will outline the obstacles facing reformers and the competing desires of Cambodian leaders embedded in the patronage based political order.     

Toward an effective international legal order: from coexistence to concert?

In forbidding the use of force except in self‐defence against armed attack or when authorised by the Security Council, the UN Charter appears to be the culminating development of a system of international order based on the doctrine of state sovereignty. The cumulative result of international‐law‐related acts, omissions and declarations of the Bush administration since its inception can be construed as a fundamental challenge to the sovereign state system. The administration's stated security strategy is one possible response to undoubtedly grave challenges to national and human security. In fact, only an institutionalised partnership between the US and regional powers such as China, India, Brazil and Germany can hope to address those challenges successfully, in part because only it would have the requisite legitimacy. That partnership or concert could be organised within the UN framework, albeit intensifying its hierarchical elements.     

俄罗斯北极资源开发政策的新框架

俄罗斯为实现北极利益最大化,以扇形原则、先占原则和自然延伸原则为法律依据主张对北极资源行使主权控制。扇形原则因缺乏国际法论据而受到国际社会的反对,但俄罗斯基于国家利益需要不会放弃扇形原则的主张,并以自然延伸原则巩固对北极资源的控制权,这种权利是经济属性的主权权利并受到国际法的严格限制,只能依据科学证明来争取北极大陆架资源拥有权。同时,俄罗斯积极采用共同开发政策对北极资源进行权利控制,通过与相关国家签订临时协议拥有对北极争议区自然资源的开采权,这些对非北冰洋国家和《海洋法公约》将产生重大影响。国际社会有必要对俄罗斯北极资源开发政策高度重视,通过现有法律途径承担起维护人类共同继承财产的责任。     

The politics of self-defence: beyond a legal understanding of international norms

This contribution considers an alternative approach to the research on the use of force, a field that has been largely dominated by international legal scholars. I argue for application of an evolutionary approach to international (legal) norms, one that complements current legal approaches and moves the discussion of norms beyond their dichotomous legal/illegal understanding. This kind of research highlights the role of politics in international law and allows us to determine factors influencing dissemination of international norms. Through a study of seven post-Second World War cases, I trace the development of both narrow and expanded notion of preemptive self-defence and conclude that while ascertaining legality of specific actions is vital for understanding established international law, one cannot talk about radical breaks in development of the law on the use of force. The expanded concept is in fact a product of the evolution of (societal) norms on self-defence and an accumulation of previous successful challenges in metanorms on the use of force.     

Promoting trade through private law: Explaining international legal harmonization

A large body of research examines states’ efforts to increase international trade through public law, that is, by forming preferential trade agreements (PTAs) that lower governmental barriers to trade. Scholars, however, have overlooked another mechanism through which states seek to facilitate trade: international harmonization of private law. Underlying legal harmonization is the assumption that cross-national variation of commercial law impedes trade; by contrast, similarity of laws across countries encourages trade by reducing uncertainty and transaction costs. I argue that the harmonization of private law acts as a substitute for the public-law channel of stimulating trade: countries with limited PTA partnerships make up for this deficiency by joining initiatives for private-law harmonization. This argument is tested by analyzing the UN Convention on Contracts for the International Sale of Goods-one of the primary instruments of legal harmonization. Indeed, countries that are party to shallow PTAs or have few PTA partners are more likely to ratify this private-law convention. Overall, this article urges scholars of trade and international law to broaden their research agenda to include private law.     

Judicial economy and moving bars in international investment arbitration

The Review of International Organizations - Historically, international investment law has centered on protecting foreign investors from direct expropriation, but much of modern law includes legal...     

The Russian case for military intervention in Georgia: international law,norms and political calculation

Abstract

The Russian military intervention in Georgia in August 2008 has raised significant questions about Russian thinking and practice on the legitimate use of military force abroad, especially in relation to neighbour states. The arguments advanced by Russia to justify this campaign show how Russian interpretations of customary international law as well as norms related to the use of force have served as an instrument of state policy, rather than being rooted in any broader international consensus. The Russian discourse in this context about sovereignty, self-determination and the legitimacy of recognising South Ossetia and Abkhazia as states appears similarly to be strongly influenced by political self-interest and Russian views about its entitlement within the Commonwealth of Independent States (CIS) region. Among Russian claims, Moscow's commitment to support its ‘citizens’ abroad has been particularly controversial. This article examines these issues and also the possibility that, through its justifications for waging war against Georgia, Russia is more broadly contesting the interpretation of certain international norms, that it regards as essentially constructed by Western states. Some potential implications of these legal and normative arguments for future Russian policy in the CIS region, including Ukraine, are also examined.     

Threats at Home,Threats Abroad: Bargaining and War in the Shadow of Coups and Revolutions

I analyze a two-level game in which a leader bargains over the spoils of international bargaining with a domestic opposition that can threaten her with a coup or revolution. While fighting an international war shrinks the domestic pie, it also alters the distribution of domestic power. This has three main implications. First, if war will undermine the opposition, fighting may be so attractive that leaders demand more for peace than foreign states are willing to give, leading to war. Second, if war will bolster the opposition, leaders accept harsh terms to avoid fighting—strategic selection that has implications for the observed relationship between war and political survival. Finally, prospective shifts in the distribution of domestic power caused by war can reduce the effects of international asymmetric information, though the result may be to increase or decrease the chances of war.     

International influence in democratic transitions: a case comparison of Spain and Greece

Examining the impact of the international system on the domestic system in countries in the process of democratisation, the article seeks to account for the relation between regime-initiated democratic transitions and the international factor, taking two case studies of the way the international factor interacted with the decisions and tactics of regime and opposition elites. The first is the Spanish exemplary reforma pactada of 1977; the second is the much less studied case of the short-lived and aborted “Markezinis experiment” in Greece in 1973, the failure of which has been blamed by its protagonist on external- mainly American- opposition.     

Pluralism,decolonization and international society

The classical narrative of the historical evolution of a pluralist international society emphasizes its European origins: emerging in Europe and then progressively expanding worldwide via European colonialism. It is a narrative that is based on particular dualities, such as those of international system and society and sovereignty/anarchy and hierarchy. These dualities create a dichotomy within the classical narrative between an ostensibly pluralist, European international society and the world beyond it, largely insulating its depictions of the evolution of the norms and institutions of the former from the hierarchies and empires of the latter. This article advances a different narrative of the evolution of pluralism within international society, suggesting that pluralism has only been reflected in the practices of the society of states since decolonization. Even after decolonization, there have been continued exceptions and violations to pluralist norms, signifying a contemporary international society that is both pluralist and hierarchical.     

Radicalisation and violent extremism in West Africa: implications for African and international security

This article interrogates emerging trends and patterns in the process of radicalisation and violent extremism in West Africa and the implications for regional and international security regimes, practices and thinking. It argues that there are real and imagined challenges of radicalisation and violent extremism. The overarching view is that the emergence of intra- and extra-African preoccupation with violent extremism alone, rather than alongside seriously addressing its structural undercurrents related to preventing and interrupting the process of radicalisation, distorts the security realities and further exacerbates the security situation in Africa. Radicalisation and violent extremism further integrates West Africa into global security assemblages, yet the absence or non-incorporation of an indigenous African (civil society) perspective or counter-narrative about radicalisation and violent extremism uncritically fuses and conflates the strategic interests of major powers with the local realities in Africa. Moreover, there is a huge potential that national governments could exploit local, regional and international interests in counteracting terrorism for domestic political advantages, such as mis-characterisation of subsisting conflicts, regular political opposition and other local grievances as cases of terrorism, thereby risking a deterioration in security conditions.     

Italy and the new international economic order

In order to make it more effective as an actor on the international scene, the European Union is being urged to reverse its foreign policy priorities. EU enlargement policy has fallen out of grace and many want to see Europe acquire a “normal” foreign policy with a global rather than merely regional reach, significant military means and centralised governance. Management of various conflicts in Africa and Asia is also in vogue. Such a policy shift will define the nature of Europe's actorness. It is argued that, with all its defects, the EU performs quite well as a civilian regional power and efforts to transform it into a traditional military power with a global reach could make things worse rather than better.     

Domestic Opposition and the Timing of Democratic Transitions after War

A substantial literature urges delaying elections and liberalization in postwar societies. There is little work, however, on when and how international missions that intend to delay elections and the transfer of sovereignty, such as those in Kosovo and Iraq, are able to do so. To fill this gap, I propose a theory that identifies conditions under which two forms of domestic opposition—elite objections and mass demonstrations—can at times force the international community to adopt an earlier transition plan. Following the predictions of the theory, I show that international occupations in Kosovo and Iraq were only able to implement their preferred transition plans when conditions were unfavorable for domestic opposition: when the absence of centralized authority within key groups makes an elite boycott unlikely, and when international policy does not threaten a major group's nationalist goals, making the emergence of widespread mass demonstrations doubtful. The implication for policy is that attempting to delay elections and liberalization is only advisable when domestic opposition is unlikely to be effective.     

Does compliance matter? Assessing the relationship between sovereign risk and compliance with international monetary law

An important theory of international cooperation asserts that governments comply with international law because of the reputational costs incurred by reneging on public agreements. Countries that sign binding international agreements in the realm of monetary relations signal their commitment to an open economic system, which should reassure international market actors that the government is committed to sound economic policies. If the theory is correct, we should observe evidence that noncompliance is in fact costly. I test this argument by examining the effect of noncompliance with Article VIII of the IMF’s Articles of Agreement on sovereign risk ratings. The results show that noncompliance with the agreement mitigates any benefits that accrue to Article VIII signatories. The empirical evidence suggests that, in addition to improving economic and political conditions at home, governments in the developing world would improve their access to financial markets by signing and complying with international monetary agreements.